Chapter 22, Section 2001, Subsection (d) · 25 U.S.C. Chapter 22 — BUREAU OF INDIAN AFFAIRS PROGRAMS

Contents

(d)

(1)Except as specifically required by law—

(A)no Bureau-funded school or dormitory operated on or after January 1, 1992, may be closed, consolidated, or transferred to another authority; and

(B)no program of such a school may be substantially curtailed except in accordance with the requirements of this subsection.

(2)This subsection (other than this paragraph) shall not apply—

(A)in those cases in which the tribal governing body for a school, or the local school board concerned (if designated by the tribal governing body to act under this paragraph), requests the closure, consolidation, or substantial curtailment; or

(B)if a temporary closure, consolidation, or substantial curtailment is required by facility conditions that constitute an immediate hazard to health and safety.

(3)The Secretary shall, by regulation, promulgate standards and procedures for the closure, transfer to another authority, consolidation, or substantial curtailment of Bureau schools, in accordance with the requirements of this subsection.

(4)

(A)In a case in which closure, transfer to another authority, consolidation, or substantial curtailment of a school is under active consideration or review by any division of the Bureau or the Department of the Interior, the affected tribe, tribal governing body, and designated local school board will be notified immediately in writing, kept fully and currently informed, and afforded an opportunity to comment with respect to such consideration or review.

(B)If a formal decision is made to close, transfer to another authority, consolidate, or substantially curtail a school, the affected tribe, tribal governing body, and designated school board shall be notified not later than 180 days before the end of the school year preceding the proposed closure date.

(C)Copies of any such notices and information shall be—

(i)submitted promptly to the appropriate committees of Congress; and

(ii)published in the Federal Register.

(5)The Secretary shall submit to the appropriate committees of Congress, the affected tribe, and the designated school board, a report describing the process of the active consideration or review referred to in paragraph (4) that includes—

(A)a study of the impact of such action on the student population;

(B)a description of those students with particular educational and social needs;

(C)recommendations to ensure that alternative services are available to such students; and

(D)a description of the consultation conducted between the potential service provider, current service provider, parents, tribal representatives and the tribe or tribes involved, and the Director of the Office of Indian Education Programs within the Bureau regarding such students.

(6)No irrevocable action may be taken in furtherance of any such proposed school closure, transfer to another authority, consolidation, or substantial curtailment (including any action which would prejudice the personnel or programs of such school) prior to the end of the first full academic year after such report is made.

(7)The Secretary shall not terminate, close, consolidate, contract, transfer to another authority, or take any other action relating to an elementary school or secondary school (or any program of such a school) of an Indian tribe without the approval of the governing body of any Indian tribe that would be affected by such an action.

United States Government work; public domain under 17 U.S.C. § 105.

Defined terms · 34

Show every defined term

administrative cost
means the cost of necessary administrative functions which—
agency school board
means a body— except that, in agencies serving a single school, the school board of such school shall fulfill these duties, and in agencies having schools or a school operated under contract or grant, one such member at least shall be from such a school.
Bureau
means the Bureau of Indian Affairs of the Department of the Interior.
Bureau elementary and secondary functions
means—
Bureau school
means a Bureau-operated elementary or secondary day or boarding school or a Bureau-operated dormitory for students attending a school other than a Bureau school.
Bureau-funded school
means—
complementary educational facilities
means educational program functional spaces such as libraries, gymnasiums, and cafeterias.
consultation
means a process involving the open discussion and joint deliberation of all options with respect to potential issues or changes between the Bureau and all interested parties.
contract or grant school
means an elementary school, secondary school, or dormitory that receives financial assistance for its operation under a contract, grant, or agreement with the Bureau under section 5321, 5322(a), or 5352 of this title, or under the Tribally Controlled Schools Act of 1988 [25 U.S.C. 2501 et seq.].
corrective action
means any action that—
Director
means the Director of the Office of Indian Education Programs.
education line officer
means a member of the education personnel under the supervision of the Director of the Office, whether located in a central, area, or agency office.
education position
means a position in the Bureau the duties and responsibilities of which—
educator
means an individual whose services are required, or who is employed, in an education position.
eligible Indian student
means a student who—
family literacy services
has the meaning given that term in section 7801 of title 20.
financial plan
means a plan of services provided by each Bureau school.
functions
includes powers and duties.
Indian organization
means any group, association, partnership, corporation, or other legal entity owned or controlled by a federally recognized Indian tribe or tribes, or a majority of whose members are members of federally recognized tribes.
Indian preference laws
means section 5116 of this title or any other provision of law granting a preference to Indians in promotions and other personnel actions.
inherently Federal functions
means functions and responsibilities which, under section 2006(c) of this title, are noncontractable, including—
local educational agency
means a board of education or other legally constituted local school authority having administrative control and direction of free public education in a county, township, or independent or other school district located within a State, and includes any State agency that directly operates and maintains facilities for providing free public education.
maximum base rate
means 50 percent.
minimum base rate
means 11 percent.
Office
means the Office of Indian Education Programs within the Bureau.
regulation
means any part of a statement of general or particular applicability of the Secretary designed to carry out, interpret, or prescribe law or policy in carrying out this Act.
Secretary
means the Secretary of the Interior.
standard direct cost base
means $600,000.
supervisor
means the individual in the position of ultimate authority at a Bureau school.
temporary
means—
tribal elementary or secondary educational programs
means all Bureau elementary and secondary functions, together with any other Bureau programs or portions of programs (excluding funds for social services that are appropriated to agencies other than the Bureau and are funded through the Bureau, funds for major subcontracts, construction, and other major capital expenditures, and unexpended funds carried over from prior years) which share common administrative cost functions, that are operated directly by a tribe or tribal organization under a contract, grant, or agreement with the Bureau.
tribal governing body
means, with respect to any school, the tribal governing body, or tribal governing bodies, that represent at least 90 percent of the students served by such school.
tribal organization
means—
tribe
means any Indian tribe, band, nation, or other organized group or community, including an Alaska Native Regional Corporation or Village Corporation (as defined in or established pursuant to the Alaska Native Claims Settlement Act [43 U.S.C. 1601 et seq.]), which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians.